Posted on 10/19/2010 2:16:24 PM PDT by fightinJAG
But there will be one who will enlist and claim he is married and his husband should be given an ID card, joint travel orders, etc.
Bush would have kept filing until a stay was granted.
Moreover, the people in the Pentagon don’t have to go along with the idea that a district court judge can affect the law for anyone other than those in THAT jurisdiction.
There are many rulings that are at variance between district courts in different circuits. This is how cases, duh, get to the Supreme Court. One Court of Appeals eventually says one thing is constitutional and another Court of Appeals says the thing is unconstitutional.
There have been several district courts in the past that found DADT “unconstitutional,” only for those cases to go away at the circuit courts of appeals. The Pentagon never previously fell all over itself to claim that a single judge could affect policy outside that court’s jurisdiction.
District courts have struck down all sorts of military policies, yet I can’t recall the Pentagon ever claiming they were bound service-wide by every dumb district court judge who came along.
You are right, except for this: they will argue, hey, you let us in and you knew we wouldn’t be celibate, so that’s your problem. Sort of an “assumption of the risk” argument.
Plus there’s the “no one else has to be celibate” etc. that they will trot out.
Don’t think for one minute this is anything other than get allowed to be “open” and then start pushing back against even the UCMJ, not to mention asking for partner ID cards and medical benefits, joint travel regs, adoption assistance, marriage at the post chapel, introduction as a couple in the General’s receiving line, and on and on.
This is nothing but a gambit by which to attempt to impose the full homosexualist political agenda on society by pushing it within the military.
They probably get some kind of a bailout?
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